Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1887-09-17

VII NAPtStoAlohs.
And we apprehend that in this in
stance the state viii not realize lis OK
pectations. Knowlng as we do that the
defendant is an innocent man, we do
not believe it will be possible for the
prosecution to satisfy any twelve fair
minded men that the defendant was in
any name a party to any conspiracy
to compass the death of Mr.. Haddock.
In order that you may be the better
prepared to understand the evidence
and give to each wi ness q just and
proper degree of respect, it is not only
right and proper, but also my duty to
give you a brief history of the defend.
ant aud his antecedents.
Gentlemen, the evidence will satisfy
you that the defendant had nothing
whatever to do with the killing Of Mr..
Haddock. The state will not for "A
single moment claim that this defend
ant killed Haddock. Counsel for the
state will not demand the forfeiture OF
the life of young Munchrath because he
killed Haddock, but they will ask you
to say by your verdict that one of your
own citizens the defendant shall suffer
uron the scaflold because, as they
claim, he was present when, as we
know, Harry l.. Leavitt alias Herman
Levi, murdered the lamentea Haddock.
The evidence will be conflicting and
it will be your duty to reconcile it.
for you to do so. The evidence will
satisfy you that one Herman Levi alias
Harry Leavitt is the guilty party. How
ever. i'm this case we will not use all the
evidence which we used on the trial Of
A%rensdorf, because in that case the
state undertook to prove that Arens-
dorf fired the fatal shot, in win III at
tempt the prosecution most sigpally
failed; white we proved that LeavItt
was tie man who fired the fatal shot
tina. kill Haddock. But in this case
the state has notified us that it will not
claim that this defendant fired the fatal
shot. but will undertake 20 make You
believe the defendant had conspired
with the person who fired the Shot
which has caused all this trouble and
sorrow, or that he WAS present and
hilth .lhh uDCAlCh lh1 EhllAl Btl Nobl
whom counsel for the state knows to
be Harry l.. Leavitt alias Herman Levi,
Now gentlemen inasmuch rs the state
has admitted that Mr.. Munchrath did
not Kill Mr.. Haddock, it is not neces-
sary for us to prove who did Kill him,
as we did ia the other trial, ana there
fore we have not ~subpnnaed all the
/ u-i.ppoynu ~ t,-al ON tha nthnr. trin1
and we will not introduce as much evil
dence on that point as VT did before,
owing to the fact that this defendant
is not accused of firing the fatal shot.
However, gentlemen, we will show by
the best evidence. and most convincing
proof that the defendant was never a
party to any conspiracy to iDiurc the
deceased. and that he was not present
at the time Haddock was killed and
knew nothing thereof until sometime
after Haddeck's death. No person sus-
pected or even accused the defendant
with having any connection with the
homicide until Harry Leayitt, in order
to divert attention and suspicion from
himself, accused Arnnsdorf, Mr..
Munchrath and others with the crime
committed by himself. Gentlemen.
the evidence will satisfy you that
Leavitt IL not a truthful witness, that
he is periured, that he is entirely de-
void of character Or principle and I'm
worthy the name of a man. Leavitt
kept TIE lowest and vile,t den ever
kept by any person in this city. That
be left Leavenworth for the good Of
that city. The evidence will not only
satisfy you that the testimony of
Leavitt is wholly false, but that he has
corrupted and poisoned the mind Of
the witness who is commonly called
Bismarck. The evidence viii satisfy
you that after Haddock was killed that
both Leavitt and Bismarck remained ia
Sioux City for several days, that they
had secret interviews, that after Bis
marck was brought back to tbs city
Leavirt went to the Ill and had at
least two long conversations with Bis
marck, and in one OF those interviews
Leavitt was overheard TO say to Bis
marck; Now, if you will stick TO the
story | have told YOU we will both come
out all right" 1t must not be forgot
ten that Leayitt is an tctor, that he is
Il cunning, bold villain, and bias great
power and Influence over such plant
tools as Bismarck. We will prove
by several Of the best citizens in this
city that the defendant was not present
when Haddock was killed. IL i but
seldom in the life Of any man that he
is required to act in so Important a
matter as that of performing the duties
OF a trial juror in a ease Of the import
ance OF this one; which may result in
the forfeiture of the life of one of your
citizens. This case is one Of solemn
importance to the defendant and his
family. You have been selected from
II venire of one hundred men. AT
the time you were being examined as
Jurors you stated to us and the court
that your minds were free from bias
and prejudice, that you had neither
formed or expressed IN opinion as to
the merits of this case. You promised
to lay aside all bias, ~prejudices, and
performed opinions, and try this case
upon the evidence and that alone.
We are glad to know that such is the
vour nurnoSe Az no praater calamity